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How to Move from Temporary Worker to Permanent Resident
Published on: September 5th, 2017

An important general eligibility requirement for a Canadian work permit is that the applicant must prove that he/she will leave Canada upon expiry of the work permit. This clearly shows that the work permit is a temporary permit designed to enable foreigners to live and work in Canada for a specific period of time. This is why employer-specific work permits must specify the start and end date of the job for which the foreign candidate is being hired.

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Moving from Temporary Worker to Permanent Resident Under Express Entry

Yet, temporary work experience can be very useful in obtaining Canadian permanent residence. The Express Entry Comprehensive Ranking System (CRS) allots points for a wide range of factors. Canadian work experience can help the work permit holder score up to 70 points in the Core/Human Capital factor, and up to 100 points in the Skills Transferability factor when calculating points under the Express Entry CRS grid. A valid job offer can fetch up to 200 additional points.

blockquote text=”Simply put, a work permit holder with valid work experience and a job offer under Express Entry may enjoy a 370 point advantage over other applicants, which translates into better chances of receiving an Invitation to Apply and, subsequently, becoming a permanent resident in Canada.”

From Temporary Worker to Permanent Resident: Factors to Consider

Yet, merely having a work permit does not guarantee permanent residence under Express Entry. The first factor to consider is the eligibility requirements to enter the Express Entry pool.

The applicant must qualify under the Federal Skilled Worker Program (FSW), the Federal Skilled Trades Program (FST), or the Canadian Experience Class Program (CEC) under Express Entry. If, instead of Express Entry, the temporary worker wants to immigrate to Quebec, they must qualify for the Quebec Skilled Worker Program (QSW) or the Quebec Experience Class Program (PEQ). The requirements of each program vary, which means the work permit holder must assess his or her eligibility for each program separately.

Valid Work Experience: Requirements

To qualify for permanent residence under FSW or CEC, the applicant must fulfill the following requirements with respect to work experience:

  1. Work experience must be paid, continuous, and full time (at least 30 hours per week for 52 weeks) in one or multiple jobs or part time of the equivalent duration (at least 15 hours per week for 104 weeks).
  2. The job must fall under skill type 0, A, or B under the National Occupation Classification (NOC).
  3. The job must match the primary NOC of the applicant.
  4. The job duties must match the duties described in the NOC.
FSW & CEC:

Under Federal Skilled Worker, the one year of Canadian work experience is only valid if it is done within the past ten years of the application. In the case of Canadian Experience Class, this period is reduced to three years.

FST:

Under the Federal Skilled Trades program, work experience must fall under Major Group 72, 73, 82, 92 and Minor Group 632, 633 under skill type B of the NOC.

QSW & PEQ:

The Quebec Skilled Worker Program and Quebec Experience Class Program have the same requirements as FSW and CEC, with the exception that part-time work is not considered eligible.

Valid Job Offer

For FSW, FST, and CEC, the job offer held by the applicant must fulfill the conditions detailed above or else it won’t be considered when determining eligibility. Further, the employer must obtain a positive Labor Market Impact Assessment (LMIA) for the job offer unless you are holding a LMIA-approved work permit or an LMIA-exempt work permit for an eligible job.

Further, the duration of the job offered is for at least one year after the work permit holder obtains permanent residence. So, a job offer for a period of less than one year, such as a seasonal position or on a contract basis, or an offer for an ineligible job is not considered valid to apply for permanent residence.

Other Factors

A work permit, by virtue of its temporary nature, is often easier to obtain compared to permanent residence. While work experience and a valid job offer can offer a significant advantage when applying for permanent residence, the applicant must fulfill other requirements like language skills, adequacy of funds, and educational qualification.

While there are no educational requirements under CEC, the FSW requires an Educational Credential Assessment (ECA) if the applicant does not have a secondary or post-secondary diploma or degree from a Canadian institution.

Conclusion: Moving from Temporary Worker to Permanent Resident

A valid job offer is not mandatory to enter the Express Entry pool. However, having a valid job offer greatly increases your chances of receiving an invitation to apply for permanent residence in an Express Entry draw.

Having a work permit, work experience, and a job offer will aid the permanent residence application only if it fulfills the requirements of the skilled worker program under which the applicant seeks to immigrate to Canada.

Want to come to Canada as a temporary worker? Or already in Canada on a temporary work permit and interested in becoming a permanent resident? Contact us today to find out how Attorney Renaud Dery and the Canadim Team can help you!

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Sincerely,

The Canadim Team!
www.canadim.com

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